No more to be done for Nguyen, says PM

The World Today - Monday, 21 November , 2005 12:10:00

Reporter: Alison Caldwell

ELEANOR HALL: Prime Minister John Howard says nothing more can be done to save the life of the 25-year-old Australian man, Van Nguyen, who was found guilty of heroin smuggling and is scheduled to be executed in Singapore in 11 days' time.

But Van Ngyuen's legal team is pursuing one last option - it's trying to bring a case against Singapore's mandatory death penalty before the International Court of Justice.

The Federal Government says this won't work, and so does the Labor Party, but at least one Liberal backbencher says it's worth trying.

As for Van Nguyen, his lawyer, Lex Lasry, says his client is afraid but is drawing on a rare physical and spiritual strength to deal with the death sentence.

This report from Alison Caldwell.

ALISON CALDWELL: Time is running out for 25-year-old Van Nguyen, and he knows it. His devastated mother and his guilt-ridden brother are expected to visit him at Changi prison possibly as soon as tomorrow.

With just 11 days to go before his scheduled hanging, the Federal Government says it's done all it can to save Van Nguyen.

The Prime Minister John Howard.

JOHN HOWARD: Well, at a government level there is nothing more we can do, because the Government of Singapore has made it very plain, despite all of the entreaties, that it is going ahead with the execution.

ALISON CALDWELL: Even so, Van Nguyen's lawyers haven't given up hope.

Lex Lasry QC spent some time with his client on Saturday.

LEX LASRY: He's preparing himself, and he's developed a physical, personal and I think spiritual strength which you can only wonder at. It's not that he's not frightened, but he's as ready as anyone can ever be.

ALISON CALDWELL: Lex Lasry wants the leaders of Commonwealth countries to put pressure on Singapore at CHOGM in Malta this week.

Then there's the possibility of Australia mounting a case in the International Court of Justice. It's a long shot, says Lex Lasry, but one worth pursuing.

LEX LASRY: That it's a matter of significant interest, that there's certainly a real legal issue to be determined by the court, which is an issue of international significance, and that is the legality of the death penalty and the cruelty and humanity of death by hanging. They're, in effect, the twin issues that we raised in the course of the case itself.

These go to certain UN protocols. It's asserted by many that they're breaches of international human rights law. I think those questions are all questions that, given the agreement of Singapore, the International Court would probably be willing to look at.

ALISON CALDWELL: Australia would need the consent of Singapore to mount the case in the International Court of Justice.

M Ravi is a human rights lawyer in Singapore. He says Australia can and should act as quickly as possible.

M RAVI: Both governments can submit to the jurisdiction of the ICG, which means at the moment Singapore is not submitting because there's still complaint by Australia. But if Singapore refuses to submit to ICG, Singapore is a signatory, ipso facto, to the ICG. All United Nations members are ipso facto members of the International Court of Justice.

Therefore, if Australia files the complaint, and they would be able to get a provisional order to stave the execution, if Singapore Government does not want to comply, then of course you can cross the bridge when you come to that, and decide what to do next. But, however, you don't need Singapore to submit itself to ICG right now.

ALISON CALDWELL: But the Foreign Minister Alexander Downer says it can't be done.

ALEXANDER DOWNER: There's no jurisdiction available to pursue the matter against Singapore, because Singapore doesn't recognise the International Court of Justice's compulsory jurisdiction, except in a narrow range of circumstances which aren't relevant to the death penalty.

So it's a pretty gloomy conclusion that my department has reached.

ALISON CALDWELL: But M Ravi disagrees.

M RAVI: It is their citizens' rights, lives are at stake. It is an incumbent duty upon the nations to file complaints, not wait for the family, and it's nothing to do with, you know, Van's mother. I mean, if there's any 1 per cent chance of staving off the execution, why not just try it?

JUDI MOYLAN: Well, it seems that there is a dim glimmer of hope there.

ALISON CALDWELL: Liberal backbencher Judi Moylan was part of a delegation which visited Singaporean officials late last month.

She says Australia should mount a case with the ICJ, even if the chances of success are slim.

JUDI MOYLAN: I agree entirely that if, as I said, even if there's a dim glimmer of hope, I think we should pursue that. And I understand that our Attorney-General, Mr Ruddock, and Mr Downer are both closely examining that option. And I'm sure if something can be done, through the International Court of Justice, then it will be done.

I don't think our government will leave any stone unturned. This is a terrible injustice, to take this young man's life.